Przepisy karne ustawy o prawie autorskim z 1926 roku. Historia powstania – charakterystyka ogólna – art. 61 i jego znaczenie dla późniejszych regulacji
The Penal Provisions of the Polish Copyright Law of 1926. The History of Its Creation – Its General Characteristics – Art. 61 and Its Significance for Further Regulations

Summary/Abstract: This article presents the issue of the penal law provisions concerning copyright protection in the act of 1926. Apart from outlining the history of the creation of the penal law provisions of this act and their general characteristics, particular attention has been placed on Article 61 and the interpretative problems resulting from this regulation as well as on the demonstration of its influence on Article 59, Section 2 of the Copyright Law of 1952, and on Article 115, Section 3 of the Copyright and RelatedRights Law of 1994. The analysis of the penal provisions of the act of 1926 has shown that they were not based on any consistent theoretical concept analogous to the one that Fryderyk Zoll created in the context of civil law. Due to the broad and vague phrasing of Article 61 – the basic regulation which allows pressing penal charges in cases of copyright infringement – doubts have arisen concerning the object of penal protection, in particular, whether it refers only to the author’s economic rights or tomoral rights as well.

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